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PEOPLE v. VELARDE

No. 79SA364.

616 P.2d 104 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Eugene VELARDE, Defendant-Appellant.

Supreme Court of Colorado.

Rehearing Denied September 22, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Maureen Phelan, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Steven H. Denman, Deputy State Public Defender, Denver, for defendant-appellant.

LEE, Justice.

Eugene Velarde was convicted by a jury of aggravated robbery and conspiracy, and his conviction was affirmed by this court in People v. Velarde, 196 Colo. 254, 586 P.2d 6 (1978). Velarde then filed a Crim.P. 35(b) motion to vacate his sentence. The motion was denied by the district court and Velarde has appealed from that ruling.

Velarde alleges that, as an atheist, his constitutional right to a fair and...

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